Supreme Court in a PIL which demanded life ban of convicted MPs and MLAs from contesting the elections.

The Election Commission of India today found itself in a difficult situation before the Supreme Court in a PIL which demanded life ban of convicted MPs and MLAs from contesting the elections. A bench headed by Justice Ranjan Gogoi pulled up the Commission after its counsel was not able to convince the court that why the poll panel has not taken a stand on the issue.
The bench referred to the Commission’s earlier affidavit in which the panel has supported the cause raised by the petitioner Advocate Ashwin Upadhyay.
To court’s query whether EC has taken a stand in its recommendations on electoral reform, the lawyer said “commission supports the plea to the extent that there should be a mechanism for decriminalisation of politics.We have not taken a decision We doubt whether it falls in legislature’s domain.”
The bench said “If you are constrained by the legislature from giving your views, please say so . Can you afford to remain silent. Is silence an option ?”.
The petition, filed by Mr. Ashwini Kumar Upadhyay, demanded that an order be issued directing the Centre to take necessary steps to debar persons charged with criminal offences from contesting elections, forming a political party and becoming office.

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